KRISHNANKUTTY NAIR Vs. MURUKESH KUMAR

JUDGEMENT

(1.) This petition for review is filed by the appellant in RSA No.1394 of 2011 which this court disposed of as per judgment dated 30.01.2012.

(2.) Petitioner attempted to challenge judgment and decree of this court in the Supreme Court in SLP No. C- 4788 of 2013. The Supreme Court allowed the petitioner to withdraw the SLP to enable petitioner seek review of judgment and decree of this court stating that the petitioner would provide alternative pathway to the respondent. The Supreme Court however, did not express any opinion on that question and further observed that if such a review is moved, the High Court may consider it in accordance with the law. Following that, petitioner has filed this review petition stating in paragraph 21 to 23 the offer to provide another convenient pathway to the respondent for access to his property.

(3.) Learned counsel for the petitioner has contended, placing reliance on the decision in Hero Vinoth V. Seshammal, 2006 5 SCC 545 (paragraph 20 to 29) that this a case where judgment and decree of this court are to be viewed to enable this court consider alternative way offered and as referred in paragraph 21 to 23 of the review petition. Learned counsel placing reliance on the decision in Karunakaran and others V. Janaki Amma and Others,1987 2 KerLT 1010 also contends that unless that question is considered by this court by review, it may not be possible for the executing court to consider that question.